Darul Ifta Ibn Masood

Landlord Requesting A Deposit

· 17 Jumada II 1447 AH1 min readEnglish

Question

Can a landlord request a deposit to be paid when letting out his premises?

Answer

We assume your query is regarding paying a deposit when renting a shop or house. If so, then yes, it is permissible for the landlord to ask for a deposit as this does not contradict any law of Shari’ah.

References (Arabic / Urdu sources)

قالَ رسولُ اللَّهِ صلَّى اللَّهُ عليهِ وسلَّمَ المسلمون على شروطهم والصلح جائز بين المسلمين إلا صلحا أحل حراما (أبو داود #3594)

Answered by
Mufti Abdul Kader Fazlani
Checked & approved by
Mufti Yacoob Vally Saheb
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Source: Darul Ifta Ibn Masood — https://fataawa.co.za/landlord-requesting-a-deposit/
Fatawa SA: https://fatawa.co.za/fatwa/ibnmasood-40814

People also ask

What are the rules for rental deposits?

“Initially, the deposit is a trust (امانة) in the possession of the landlord; therefore, he is not permitted to use it. However, due to common practice and custom (عرف), the landlord uses it with the implicit (دلالة) permission…”

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